SCOTUSBlog

APRIL 20, 2023

But the real context of Justice Ketanji Brown Jackson’s opinion for a unanimous court is a burgeoning line of cases that address a common problem in statutory interpretation. If they are, then litigants can raise them at any time, even if they previously have waived them. Now we get to the issue before the court.

Court Rules 95

Court Rules Court Statute Litigation 95

SCOTUSBlog

JANUARY 18, 2021

In this case, Chevron removed the lawsuit to a federal district court in Maryland, pointing to eight different grounds for removal. A remand order, the companies reason, “is a written command or direction that the case must be returned to state court”; it “necessarily rejects” all of the grounds for removal on which the defendant relied.

Statute 130

Statute Court Reporting Court Court Reporter 130

Constitutional Law Reporter

FEBRUARY 23, 2021

Accordingly, the Court interpreted the FSIA as it does other statutes affecting international relations: to avoid, where possible, “producing friction in our relations with [other] nations and leading some to reciprocate by granting their courts permission to embroil the United States in expensive and difficult litigation.”

Court Rules 89

Court Rules Court Government Laws 89

Patently O

MAY 3, 2021

Rather than reaching the merits, the district court dismissed the case on procedural grounds. The district court ruled that Tormasi lacked the capacity to sue and the Federal Circuit then affirmed. New Jersey has a statute on point: “Every person who has reached the age of majority. Judge Stoll wrote in dissent.

Statute 124

Statute Court Court Rules Litigating 124

SCOTUSBlog

JUNE 16, 2023

Share The Supreme Court ruled on Friday that the Department of Justice has broad, but not unfettered, authority to dismiss whistleblower lawsuits filed under the False Claims Act’s qui tam provision even when the government initially elected to allow the whistleblower to proceed with the action.

Government 109

Government Court Litigation Litigating 109

SCOTUSBlog

NOVEMBER 20, 2023

United States , the justices will return to a familiar statute: the Armed Career Criminal Act, which imposes an enhanced sentence for unlawful possession of a firearm if the defendant has three convictions “committed on occasions different from one another.” Multidistrict litigation, Thomas explained, “is limited to pretrial proceedings.”

Litigation 106

Litigation Litigating Tort Statute 106

LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The company said it will incorporate the legal research data into its core platform to create a marriage of factual development and legal analysis, allowing litigators to analyze fact patterns against the relevant law. “We

Legal Research 80

Legal Research Legal Legal eDiscovery 80

FDA Law Blog

JULY 8, 2024

By Riëtte van Laack & JP Ellison — On Thursday, the 27 th of June, the Supreme Court issued its decision in Securities and Exchange Commission v. The first question in the Court’s analysis was whether the claim that the SEC brought is a “suit at common law,” i.e., if the case is legal in nature. Jarkesy.

Court Rules 59

Court Rules Cause of Action Court Statute 59

ClimateChange-ClimateLaw

APRIL 14, 2025

For example, in the weeks leading up to the Colloquium, a Texas District Court ruled in Spence v. Setting aside the merits of the decision, there is no reason to think that the ERISA-focused ruling in Spence should directly affect the decisions of judges assessing fiduciary duties that arise under other legal schemes.

Legal 59

Legal Legal Litigation Litigating 59

MyCase

OCTOBER 20, 2022

When it comes to litigation, missing a deadline isn’t an option, and with so many shifting statutory and court rules to adhere to, that can be difficult to manage. A rules-based calendaring system not only houses your calendar and upcoming deadlines but also syncs with any rules you set, including a specific court’s rules.

Calendaring 98

Calendaring Court Rules Law Firm Law Firms 98

SCOTUSBlog

MARCH 26, 2022

In December 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives issued a final rule that this definition of “machinegun” included “bump stock” accessories used on semi-automatic rifles. challenged the rule in district court on the ground that the rule conflicts with the plain meaning of the statute.

Statute 107

Statute Litigation Litigating Court 107

SCOTUSBlog

JANUARY 24, 2025

As a practical matter, he asked Suri, why is it inconvenient for the government to litigate in one circuit instead of another? Suri told the justices that this was not a question of convenience, but instead about Congresss choice in the statute to delineate where cases can be brought.

Court 92

Court Manufacturing Government Litigation 92

SCOTUSBlog

NOVEMBER 4, 2022

The ALJ imposed a substantial monetary penalty and barred her from practice before the SEC, but the decision was vacated after the Supreme Court ruled in Lucia v. The general federal jurisdiction statute ( 28 U.S.C. SEC that the ALJ’s appointment was unlawful. The claims in both cases rest directly on the Constitution.

Statute 116

Statute Entertainment Court Administrative Law 116

SCOTUSBlog

NOVEMBER 28, 2022

United States is next in a protracted line of cases in which the court has considered whether statutory bars to causes of action are firm “jurisdictional” rules or instead more forgiving claims-processing rules. First, modern cases like Boechler require a clear statement for a statute of limitations to operate as jurisdictional.

Statute 86

Statute Cause of Action Government Court 86

SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

Calendaring 123

Calendaring Court Statute Court Rules 123

SCOTUSBlog

JUNE 28, 2024

Share The court ruled on Thursday that the Securities and Exchange Commission’s routine practice of imposing fines in its administrative proceedings, used to penalize securities fraud, violates the Seventh Amendment “right of trial by jury” in all “suits at common law.”

Government 141

Government Immigration Cause of Action Litigating 141

CARET Legal

JULY 19, 2024

As a litigator, you’re no stranger to the relentless pressure of looming deadlines. The Perils of Missed Deadlines Even the most organized litigator can miss a crucial filing date or forget to respond to a motion in time. The court rules in favor of the opposing party, and your client loses the case.

Calendaring 98

Calendaring Law Firm Law Firms Legal Technology Solution 98

Attorney at Work

SEPTEMBER 30, 2022

By following its details closely, we can begin to unravel the strategic importance of judicial research and analytics for civil litigation at the state trial court level. By following its details closely, we can begin to unravel the strategic importance of judicial analytics for civil litigation at the state trial court level.

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Demurrer Attorney Litigation Litigating 130

SCOTUSBlog

JULY 1, 2021

Share The Supreme Court on Tuesday narrowed the doctrine of patent assignor estoppel, which prohibits an inventor from assigning a patent to someone and then later contending in litigation that the patent is invalid. By a vote of 5-4, the court rejected calls to completely abandon the doctrine.

Stare Decisis 103

Stare Decisis Court Rules Court Manufacturing 103

Patently O

MARCH 18, 2024

by Dennis Crouch In a recent nonprecedential decision, the Federal Circuit affirmed a district court ruling ordering the correction of inventorship for U.S. ”) Patent law does not have a specific statute of limitations associated with claims to correct inventorship. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

Statute 59

Statute Cause of Action Court Rules Litigation 59

FDA Law Blog

JULY 2, 2024

That statute provides that courts “ shall have jurisdiction, for cause shown, to restrain violations ” of the FDC Act. Historically, courts have modified , watered down , or altogether eschewed t he traditional equitable requirements for an injunction when considering FDA’s request for injunctive relief.

Statute 52

Statute Litigation Litigating Court 52

SCOTUSBlog

APRIL 29, 2024

The district court ruled for Medical Marijuana and the other companies on Horn’s RICO claim. The companies came to the Supreme Court last fall, asking the justices to take up the case and weigh in.

Personal Injury 113

Personal Injury Court Immigration Statute 113

SCOTUSBlog

SEPTEMBER 29, 2023

But the lower courts ruled, and the federal government contends, that the “safety value” is only available to defendants who do not have any of the indicators. After a federal appeals court reinstated Laufer’s lawsuit, Acheson went to the Supreme Court, which agreed in March to weigh in on whether Laufer can sue.

Court 145

Court Statute Laws Litigation 145

SCOTUSBlog

MAY 15, 2023

Ignoring the threshold questions on which the court had not granted review and applying a longstanding clear-statement rule, a near-unanimous court ruled in favor of Puerto Rico’s financial oversight board. One involves “a statute [that] says in so many words that it is stripping immunity from a sovereign entity.”

Statute 54

Statute Finance Government Cause of Action 54

SCOTUSBlog

JULY 9, 2024

A federal district court in Florida tossed their paperwork, given the requirement in the federal drug statute that third-party petitions to reclaim seized assets “be signed by the Petitioner under penalty of perjury.” The two business owners, the lower court ruled, must forfeit the $9,000. In Sanchez v.

Small Business 86

Small Business Court Statute Court Decisions 86

Patently O

MARCH 15, 2023

The court did separately reverse a tertiary challenge to allow Apple to proceed on a claim related to the note-and-comments procedure of the APA. Apple and other repeat players in patent infringement litigation often use the inter partes review process under 35 U.S.C. §§ 311–319 to challenge the validity of asserted patents.

Statute 64

Statute Litigation Litigating Court 64

Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

SCOTUSBlog

JULY 6, 2021

The other was a statute enacted in 2016, which limited third parties — postal workers, election officials, caregivers, family members, or household members — who could collect completed absentee ballots from voters. Section 2, however, was not really used for vote-denial cases until after the Supreme Court’s decision in Shelby County v.

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Laws Court Contract Entertainment 103

SCOTUSBlog

MARCH 17, 2023

But with four justices — the number it takes to grant a petition — signaling their interest in expanding the independence of religious institutions to make employment decisions, it was only a matter of time before another case came to the court. In Faith Bible Chapel International v. Murco Wall Products, Inc.

Cause of Action 85

Cause of Action Court Litigation Litigating 85

ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

Construction 122

Construction Government Legal Legal 122

Broadcast Law Blog

SEPTEMBER 25, 2014

In reaching this decision, the Court looked at the language of the California statute dealing with pre-1972 sound recordings. So this is another of those issues that users of music will have to watch carefully as it develops, as there will no doubt be significant litigation and many disputes ahead.

Court Rules 40

Court Rules Court Statute Laws 40

The Crime Report

DECEMBER 20, 2021

In the absence of oversight boards and civil litigation, criminal charges against prosecutors and ethics board disciplinary measures are the only means of incentivizing appropriate prosecutorial actions. Adopt American Bar Association Rules for Defining Prosecutorial Misconduct. Certify Compliance. Establish an Oversight Commission.

Malfeasance 140

Malfeasance Court Attorney Law School 140

Fordham Law News

OCTOBER 12, 2023

If the Supreme Court agrees with the previous rulings in Moore, it could have hundreds of different consequences for taxpayers. [16] 19] Lastly, not only would a Supreme Court ruling striking down §965 have tax implications for foreign investment income tax, it could also have potential impacts on a variety of other U.S.

Real Estate 52

Real Estate Statute Court Rules Court 52

Conflict of Laws

FEBRUARY 22, 2024

Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. The trial court ruled in favor of GLI. The Third Circuit ruled in favor of Raiders. This post is cross-posted at Transnational Litigation Blog ] Raiders opposed this motion.

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Court Contract Laws Statute 69

Conflict of Laws

FEBRUARY 15, 2023

Meliá then filed a motion arguing that the claim was an attempt to eschew the EU Blocking Statute meant to prevent the effectiveness of US court rulings against EU companies, under the Helms-Burton Act of 1996. The CJEU may have taken years to issue such a ruling but the Spanish First Instance Court denied the motion.

Real Estate 52

Real Estate Statute Court Tort 52

SCOTUSBlog

JANUARY 12, 2021

Barrett noted that under a variety of consumer-protection statutes, like the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act, statutory damages are relatively low, but courts may order defendants who are found liable to pay the plaintiff’s attorney’s fees.

Government 58

Government Compensatory Damages Statute Court 58

Fordham Law News

APRIL 21, 2022

In Manhattan, the Housing Court took a more direct approach to the ERAP issue when applying a textualist review of the law. [17] 17] The court asserted, “The statute does not provide the Housing Court with the authority to determine whether a person is eligible for ERAP assistance.” [18] Supreme Court in Chrysafis v.

Laws 52

Laws Statute Court Court Rules 52